Partly allowed

Surendra Behera v. State of Odisha

Orissa HC14 May 2024ABLAPL/3324/2024

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an application for anticipatory bail. Considering the nature of accusations regarding killing a sub-adult elephant, the Court denied anticipatory bail but granted liberty to the petitioner to surrender within two weeks to move for bail in the lower court.

What did the court decide?

Application dismissed on the question of anticipatory bail; liberty granted to petitioner to surrender and move for bail within two weeks subject to conditions.

Surendra Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 3324 of 2024

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Surendra Behera …. Petitioner

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Represented by Mr. S. Bahadur, Advocate

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-Versus -

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State of Odisha …. Opposite Party

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Represented by Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

14.05.2024

Order No.

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioner and learned Addl. Standing counsel for the State.

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The petitioner is apprehending arrest in connection with 2 (b)CC Case No. 22 of 2023 corresponding to O.R. Case No. 137^N of 2023-24 pending in the court of the learned SDJM, Rairakhol for the alleged commission of offence under Sections 51(1) of Wild Life Protection Act, 1972.

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It is alleged that the petitioner and some other persons had electrocuted a sub adult elephant causing its death. The petitioner appears to have been implicated on the statement of the co-accused. 5. Considering the nature of accusations and also the materials on record, while not being inclined to grant anticipatory bail to the petitioner, the ABLAPL is disposed of granting liberty to the petitioner to surrender before the court below within two weeks

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from the date of receipt of certified copy of this order and to move for bail. In such event, he shall be released on bail on such terms and conditions as the court below may deem fit and proper to impose including the following conditions:-

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(i) He shall appear before the IIC of Nakideul Police Station on every Sunday at 10.00 A.M. for a period of six months and such fact shall be certified by the IIC to the concerned court.

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(ii) He shall appear before the court in seisin over the matter on each date of posting of the case without fail and in case of even a single default, this order shall stand automatically cancelled.

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The ABLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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( Sashikanta Mishra) Judge

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B.C. Tudu

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Signature Not Verified

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Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 15-May-2024 16:11:47

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Surendra Behera v. State of Odisha

Case brief

What is this about?

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Surendra Behera v. State of Odisha

Case brief

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